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A Harrisburg-based government watchdog group has asked the Department of State to audit Senate Minority Leader Robert J. Mellow's campaign finance reports to prove more than $180,000 was spent on legitimate campaign expenses.

In its request, Democracy Rising cites stories by The Times-Tribune that reported Mr. Mellow issued payments to "cash" 533 times over a nine-year period. The payments, totaling $188,464.89, did not explain who received the money or, in many cases, exactly what the money was used for.

"We had two concerns. One, obviously, is for any improprieties that may not be documented in the way Sen. Mellow conducts his campaign activities," said Tim Potts, the group's president and co-founder. "And the other is to shine a light once again on the inability of the state to enforce the laws pertaining to elections."

In a letter to the Department of State, Mr. Potts said Mr. Mellow must demonstrate the payments to cash "were made for the specific purpose of influencing an election." That is a requirement of the state Campaign Finance Reporting Law.

"Considering that many of these 'cash' payments were made when Sen. Mellow was either not up for re-election or running unopposed, it should be his obligation to demonstrate that these de facto withdrawals from his account were made for legitimate, legal purposes," Mr. Potts wrote.

Efforts to reach Mr. Mellow were unsuccessful Thursday. He has repeatedly refused to discuss the topic with The Times-Tribune. He told The Associated Press he did nothing wrong, pointing to a 2006 audit by a Department of State-hired auditing firm that did not criticize the practice of writing checks to "cash."

"Every dime of it has been spent properly," Mr. Mellow told the AP.

The payments to cash conflict with the explicit language of the campaign finance law, which states campaign finance reports must list "each and every expenditure, the date made, the full name and address of the person to whom made and the purpose for which such expenditure was made."

A Department of State official has said the department has not historically treated payments to cash as violations of the law, but department officials caution only an official inquiry could determine if specific payments were violations.

The law also requires campaigns to keep vouchers to document expenses for three years. The Times-Tribune requested vouchers of Mr. Mellow's campaign committee for all nine years. But the campaign provided only three years' worth of the fronts of canceled checks; it did not include the backs of checks, which would show who received the money from the payments to cash.

The newspaper has asked the Department of State to require Mr. Mellow's campaign to provide copies of vouchers and the backs of the checks.

Department of State officials say canceled checks are acceptable.

"If they're supposed to have receipts for these things, where are the receipts?" Mr. Potts said.

A Department of State spokeswoman said she was checking on Mr. Potts' letter and offered no other comment.

Department officials have said there is no set time for completing an investigation of whether a campaign violated the law. One government watchdog, Barry Kauffman of Common Cause Pennsylvania, has complained investigations sometimes take years partly because the department lacks the staff to properly oversee the law.

"I don't care what their staff problems are," Mr. Potts said. "They have to enforce the law. And they should be - as I said before - they should be screaming for the staff to enforce the law."

Contact the writer: bkrawczeniuk@timesshamrock.com

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7 posted comments

If Mellow had nothing to hide, he would WANT to provide copies of the backs of the checks. The fact that he refuses to do so speaks volumes. And let's not forget that this check scam is only the latest in a series of Mellow debacles. It's time for him to be thrown out of office. And if he broke the law, it's time for him to be thrown into jail.

Any investigation of Bob Mellow is long over due. Perhaps they can look into him leasing his office to himself and the Ray Angeli appointment to the gaming commission to ensure DeNaples would get his license.

"Former House speaker chared with leading Capitol conspiracy", today's headlines. Is this Senator next. How can you justify transparency and refuse to show your records? Shame shame shame. Time to begin changing the names of some park and building here as this is an embassamsment to our taxpayers for putting him on a pedistal.